Proper evidence to support your claim is crucial for building a solid construction accident case and recovering fair compensation. However, identifying, preserving, and analyzing the available evidence can be challenging.
Working with a Dallas construction accident lawyer ensures you have someone with the knowledge, experience, and resources necessary to develop a compelling case and hold the liable parties accountable. Most construction accident attorneys provide free consultations and represent clients based on contingency.
Your Construction Accident Lawyer Will Know the Evidence Necessary to Support Your Case
When you hire a personal injury lawyer to manage your construction injury case, they will handle your investigation and gather the evidence to show:
- The at-fault party owed you a duty of care
- They breached this duty
- Their breach caused the accident
- You suffered significant injuries
Together, these four factors are known as negligence. When these four factors are present, it may be possible to hold the at-fault party accountable for your injuries and recover damages. Based on the facts of your construction accident, your lawyer will understand the evidence most likely to help you prove your case.
Some common examples of crucial evidence include:
- Any official reports about the accident
- Eyewitness interviews
- Video of the accident scene
- Photographs or other documentation of the scene
- Physical evidence, including any faulty equipment involved
- Relevant medical records
- Analysis from expert witnesses, such as medical professionals, industry experts, and economists
- Documentation of damages
After a construction accident, much of this evidence is likely in the possession of the liable party, held by the property owner, general contractor, or another potentially liable party. Your attorney will send a spoliation letter to notify these parties of the forthcoming claim and demand they preserve all possible evidence.
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Who Is Liable for My Texas Construction Accident Injuries?
Several parties might be liable for your Texas construction accident injuries. In some cases, parties even share the liability. This is one reason why having the right evidence is crucial to your case. You must show that the accused party is liable by documenting their negligence, the injuries suffered, and what the accident cost you.
Many parties work side-by-side on construction projects, meaning these sites have many moving parts. Those who oversee the projects are usually tasked with ensuring safety and mitigating hazards for workers. Failure to do so could result in construction accidents and injuries.
Some potentially responsible parties in Texas construction accident cases include:
- The property owner
- The general contractor, often a building or renovation company
- Other contractors or subcontractors
- Equipment manufacturers
- Other companies who had workers on the site, such as a lumber company making a delivery
Your attorney will build a solid case against the liable party and demand a fair settlement from them or their insurance carrier. They will negotiate or litigate your case for you, seeking the money you need for your injuries and related damages.
What Damages Can My Lawyer Recover Based on My Construction Accident Evidence?
Many victims hurt in construction site accidents suffer catastrophic injuries. This could include traumatic brain injuries (TBIs) and spinal cord injuries, which often cause paralysis. These are common in falls from an elevated height, such as a ladder or scaffolding.
Each case is unique, with each victim incurring their own injuries, expenses, and losses. This makes each claim or lawsuit unique, too. The recoverable damages in these cases come directly from the victim’s costs, combined with other factors such as the insurance coverage available and how their injuries affected their ability to work.
Some commonly recoverable damages in Texas construction accident cases include:
- Current and future medical expenses for treatment of their injuries
- Care and support costs, especially future care costs for life-altering injuries
- Income losses
- Diminished earning ability for lasting impairments
- Related expenses with documentation
- Pain and suffering losses
- Emotional distress
- Other intangible damages
Wrongful Death in a Texas Construction Accident
Under Texas Civil Practice and Remedies Code § 71.002, Texas law allows certain immediate family members to file or join a wrongful death action and recover compensation. This includes a surviving spouse, children, or parents. Alternatively, the estate executor can file a wrongful death action and/or a survival action to seek compensation on behalf of the victim’s heirs.
A construction accident lawyer will know the evidence required to manage these cases and how to navigate the legal process. Get started as soon as possible if your loved one dies because of Texas construction accident injuries.
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When Should I Call a Construction Accident Lawyer About My Case?
Contact an attorney about your Texas construction accident injuries as soon as possible. Those with severe or catastrophic injuries might be unable to make the call immediately. If your loved one has life-altering injuries, reach out on their behalf.
Texas Civil Practice and Remedies Code § 16.003 usually gives injured victims or the families of construction workers who suffered fatal injuries up to two years to sue the liable party or parties. However, waiting until this deadline approaches could hamper your lawyer’s ability to build a strong construction accident case. Crucial evidence may disappear quickly after injuries occur.
We encourage you to contact our office as soon as possible after your accident so we can begin working on your personal injury claim. This allows us to preserve critical evidence and develop a compelling case against the liable party or parties. Holding them accountable takes strong evidence to show negligence and liability.
Discuss Your Construction Accident Injuries With Our Team Today
Loncar Lyon Jenkins offers free consultations so you can learn about your rights and legal options. Our construction accident lawyers help injured parties and loved ones who lost someone in one of these incidents. We know the evidence that is crucial for building a strong case and will help you seek fair compensation. Call in the Strong Arm.
Contact our legal team today for your free case review.